Pathirakali T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.12086 of 2025 T.Pathirakali ... Petitioner -Vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Village Administrative Officer, Koodankulam, Radhapuram Taluk, Tirunelveli District.

4.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

5.S.Chithiraikani 6.S.Suyambu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the public pathway

encroachment made by the respondents 5 and 6 in Survey No.588/2, Koodankulam Village, Radhapuram Taluk, Tirunelveli District, based on the petitioner's representation dated 14.02.2025 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.P.Saravanakumar For R1 to R3 : Mr.S.S.Madhavan, Additional Government Pleader For R4 : Mr.A.Albert James, Government Advocate (Crl.Side)

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that her representation dated 14.02.2025, seeking removal of the encroachment made in the public pathway by the respondents 5 and 6 in Survey No.588/2, Koodankulam Village, Radhapuram Taluk, Tirunelveli District, is kept pending till date without any progress. Therefore, she has filed this Writ Petition.

3.Mr.S.S.Madhavan, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 3, submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court. 4.Notice to the respondents 5 and 6 is dispensed with, since no adverse order is going to be passed as against them.

5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the 2nd respondent to consider the representation of the petitioner dated 14.02.2025, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 6 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 25.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

3.The Village Administrative Officer, Koodankulam, Radhapuram Taluk, Tirunelveli District.

4.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.12086 of 2025 25.04.2025